pensions for defence services personnel: brig cs vidyasagar (retd)

PENSIONS FOR DEFENCE SERVICES PERSONNEL

SEQUENCE OF PRESENTATION

• ELIGIBILITY

• TYPE OF PENSIONS & CALCULATION OF PENSION

• PPO & CORR PPOs

• RANK PAY ARREARS

• ONE RANK ONE PENSION (OROP)

• PENSION ARREARS FROM JAN 2006 & APR 2014

• CORR PPO FOR DATE OF BIRTH OF SPOUSE

• ADDRESS TO BE SENT ON LINE TO PCDA(PENSIONS) ALLHABAD

• ACTION IN CASE OF EXCESS PAYMENT OF PENSION /SHORTFALL IN PENSION

SEQUENCE OF PRESENTATION

NFFU ACTION IN CASE OF DEATH OF PENSIONER BY

SPOUSE MISCELLANEUOS ISSUES CONCLUSION QUESTION & ANSWER SESSION

SOME DATA

• NUMBER OF PENSIONERS - 24 LAKHS

FROM THE ARMED FORCES + WIDOWS

• PENSION BUDGET - Rs 40,000

OF DEFENCE PERSONNEL CRORES

WHAT IS PENSION AND ITS SIGNIFICANCE?

PENSION AS PER HON’BLE SUPREME COURT

D.S NAKARA & OTHERS Vs UNION OF INDIA

CASE NO:(1983) 1 SCC 305

HON’BLE MR JUSTICE YV.CHANDRACHUD,

CHIEF JUSTICE HON’BLE MR JUSTICE VD. TULZAPURKAR HON’BLE MR JUSTICE O. CHINNAPPA REDDY HON’BLE MR JUSICE BAHARUL ISLAM HON’BLE MR JUSTICE D.A. DESAI

WHAT IS PENSION & ITS SIGNIFICANCE ?

Genesis of Pension

Its genesis can be traced to the first Act of Parliament (in UK) to be concerned with the provision of pensions generally in public offices. It was passed in 1810.QUESTIONS POSED BY THE HON’BLE SUPREME COURT

What is a pension ? What are the goals of pension ? What public interest or purpose, if any, it seeks to serve ? If it does seek to serve some public purpose, is it thwarted by such artificial division of retirement pre and post a certain date ?

ANSWERS BY THE HON’BLE SUPREME COURT

Initially this class of pension appears to have been introduced as a reward for loyal service. Probably the alien rulers who recruited employees in lower echelons of service from the colony and exported higher level employees from the seat of Empire, wanted to ensure in the case of former continued loyalty till death to the alien rulers and in the case of latter, an assured decent living standard in old age ensuring economic security at the cost of the colony. In the course of transformation of society from feudal to welfare and as socialistic thinking acquired respectability, State obligation to provide security in old age, an escape from undeserved want was recognised and as a first step pension was treated not only as a reward for past service but with a view to helping the employee to avoid destitution in old age.

The quid pro quo, was that when the employee was physically and mentally alert he rendered unto master the best, expecting him to look after him in the fall of life.

The pensioner would be able to live:

(i) Free from want, with decency, independence and SELF RESPECT and

(ii) At a standard equivalent at the pre-retirement level. Conclusions by the Hon’ble Supreme Court on Pension Pension is a RIGHT; not a bounty or gratuitous payment. The payment of pension does not depend upon the discretion of the Government but is governed by the rules and a government servant coming within those rules is entitled to claim pension

The pension payable to a government employee is earned by rendering long and efficient service and therefore can be said to be a deferred portion of the compensation for service rendered Pension also has a broader significance in that it is a social-welfare measure rendering socio-economic justice by providing economic security in old age to those who toiled ceaselessly in the hey-day of their lifePension as a retirement benefit is in consonance with and in furtherance of the goals of the Constitution. The goals for which pension is paid themselves give a fillip and push to the policy of setting up a welfare state.

ELIGIBILITY FOR PENSION

ELIGIBILITY FOR PENSION

ALL DEFENCE SERVICES PERSONNEL WHO COMPLETE MINIMUM PENSIONABLE SERVICE ON RETIREMENT /THOSE DISBALED AND BOARDED OUT ARE ELIGIBLE TO GET PENSION. PENSION IS PAID UPTO LIFE TIME AND THERE AFTER TO THE LEGAL HEIR(S)

SERVICE REQUIRED FOR MINIMUM PENSION

JCO/OR - 15 YEARS OFFICER REGULAR - 20 YEARS OFFR LATE ENTRY - 15 YEARS

COUNTING OF PENSIONABLE SERIVCE

FOR JCOS/OR - FROM DATE OF JOINING

TRAING CENTRES

FOR OFFICERS

OFFICERS WITH OR - OR SERVICE ALSO COUNTED

SERVICE

TECHNICAL GRADUATES - FROM DATE OF JOINING IMA

DEHRADUN/TRG ACADEMIES

OTHER ENTRIES - FROM DATE OF COMMISSION

COUNTING OF FRACTIONAL SERVICE

PRE – 22 APR 1960 - ONLY FULL YEARS TO BE

COUNTED AS YEARS AND

LESS THAN A YEAR TO BE

IGNORED

23 APR 1960 TO 28 JUN 1983 - MORE THAN 6 MONTHS TO

BE TREATED AS A HALF

YEAR W.E.F. 28 JUN 1983

FROM 3 MONTHS - HALF YEAR

TO LESS THAN 6 MONTHS

9 MONTHS TO LESS THAN YEAR - FULL YEAR

WHO ARE ALL ELIGIBLE FOR PENSION

• ARMED FORCES PERSON WHO SERVED FOR PENSIONABLE PERIOD (20 YEARS FOR OFFICERS)

• LEGALLY WEDDED SPOUSE

• WIDOWED OR DIVORCED OR UNMARRIED DAUGHTER ON DEATH OF WIDOW.

• UNEMPLOYED SON TILL AGE OF 25 YEARS

• HANDICAPPED CHILD OR CHILDREN(MENTAL LY OR PHYSICALLY CHALLENGED). MARRIGE IS NO BAR

• WHOLLY DEPENDENT PARENTS/BROTHER/SISTER IN CASE OF BECHELOR SOLDIER OR WIDOWER SOLDIER WITHOUT CHILDREN

• DEPENDENTS IN CASE OF SPECIAL/LIBERALISED FAMILY PENSION

PROTECTION OF PENSION

• NO COURT OF LAW CAN ATTACH PENSION

• PROTECTION AGAIST SEIZURE

• PROTECTION AGAINST SEQUESTRATION – TAKING CONTROL FOR ANY DEBTS INCURRED

• ANY EXCESS PAYMENT BY PENSION DISBURSING AUTHORITY (PDA) TO BE RECOVERED WITH CONSENT OF PENSIONER IN LUMPSUM OR IN INSTALMENTS NOT EXCEEDING 1/3 OF PENSION

CATEGORY OF PENSIONERS

• PRE – 2006 RETIREES (MODIFIED PARITY)

• POST – 2006 RETIREES

ENTITLEMENT :PRE – 2006 RETIREES

FULL PENSION. 50%(10 MONTHS AVERAGE EMOLUMENTS TO INCLUDE BASIC PAY + RANK PAY+NPA) SUBJECT TO 33 YEARS INCLUDING WEIGHTAGE FOR THAT RANK AT THE TIME OF RETIREMENT

WEIGHTAGE• LT/CAPT - 9 YEARS COL - 7 YEARS• MAJ - 8 YEARS BRIG - 5 YEARS• LT COL - 7 YEARS MAJ GEN - 3 YEARS TO COAS

TYPES OF DEFENCE PENSIONS

TYPES OF PENSION

SERVICE PENSION DISABILITY PENSION LIBERALISED DISABAILITY PENSION INVALID PENSION WAR INJURY PENSION FOR WIDOWS ORDINARY FAMILY PENSION(OFP) ENHANCED ORDINARY FAMILY PENSION(EOFP) SPECIAL FAMILY PENSION(SFP) LIBERABALISED FAMILY PENSION(LFP) SPECIAL PENSION (ONLY FOR PBOR) FIRST & SECOND LIFE AWARDS(ONLY FOR PBOR)

IS MINISTRY OF DEFENCE LIBERAL IN GRANTING

PENSION TO ARMED FORCES VETERANS?

COMMENTS OF HON’BLE SUPREME COURT ON TREATMENT GIVEN BY GOVT OF INDIA TO THE DEFENCE SERVICES PERSONNEL

CIVIL APPEAL NO 4474 OF 2005 BETWEEN CAPT CS SIDHU Vs UNION OF INDIA IN THE DIVISION BENCH COMPRISING OF

HON’BLE JUSTICE MARKANDEY KATJU

HON’BLE JUSTICE A.K. PATNAIK

Before parting with this case, we regret to say that the Army officers and Army men in our country are being treated in a shabby manner by the government. In this case, the respondent, who was posted at a high altitude field area and met with an accident during discharge of his duties, was granted a meager pension as stated in Annexure-P3 to this appeal. This is a pittance (about Rs. 1000/- per month plus D.A.).

If this is the manner in which the Army personnel are treated, it can only be said that it is extremely unfortunate. The Army personnel are bravely defending the country even at the cost of their lives and we feel that they should be treated in a better and more humane manner by the Governmental authorities, particularly, in respect of their emoluments, pension and other benefits

KNOW YOUR CORRECT PENSION

COLONEL: DATE OF RETIREMENT : 31 MAR 2004; 28 YERS COMMISSIONED SERVICE

ENHANCEMENT IN PENSION

1. DATE OF RETIREMENT TO 31 DEC 2005

2. FROM 01 DEC 2006 TO 23 SEP 2012

3. W.E.F. 24 SEP 2012

PENSION FROM 01 APR 2004 TO 31 DEC 2005

10 MONTHS AVERAGE EMOLUMENTS = SAY RS 17,000(BASIC) + 2,000(RANK PAY) + NPA

PENSIONABLE SERVICE = 28 + 7 WEIGHTAGE = 35 YEARS (>33) ELIGIBLE FOR FULL PENSION

PENSION SERVICE PENSION = 0.50*(17,000+ 2,000) = 9,500 DEARNESS RELIEF @61% = 5,795 TOTAL PENSION = 15,295 MINUS COMMUTATION(MAX 43%) (-) 3,000 (SAY) MINUS INCOME TAX (-) 1,000(SAY) NET REMITTANCE TO BANKER = Rs 11,295

PENSION FROM 01 JAN 2006 TO 23 SEP 2012

ALL RETIREES ARE ASSUMED TO HAVE RETIRED ON 01 JAN 2006

MAJ GEN SPS VAINS Vs UNION OF INDIA

CASE NO: (2008), 9, SCC, 125HON’BLE SUPREME COURT

OF INDIA

SALIENT FEATURES

THE DECISION OF GOVT OF INDIA TO STEP UP THE PENSION OF

MAJ GEN RETIRED PRIOR TO 1996 TO THAT OF BRIGADIERS

RETIRED PRIOR TO 1996 CREATES TWO CLASSES OF MAJ GENs

I.E MAJ GEN PRE – 1996 RETIREES WITH LESS PENSION AND

THE OTHER MAJ GEN POST - 1996 RETIREES WITH MORE

PENSION THE ACTION OF GOVT OF INDIA IS TO CREATE A CLASS

WITHIN A CLASS VIOLATING ARTICLE 14 OF CONSTITUTION

OF INDIA PLEA OF GOVT OF INDIA IS DISMISSED WITH A DIRECTION TO

NOTIONALLY FIX PAY OF MAJ GEN RETIRED PRIOR TO 1996

TO THAT OF POST 1996 AND PAY PENSION ACCORDINLY WITH

ARREARS FROM THE DATE OF FILING WRIT PETETION BECAUSE OF THIS LAND MARK JUDGMENT, ALL PRE – 2006

RETIREES ARE TREATED AS IF THEY RETIRED ON 01 JAN 2006

FROM 01 JAN 2006 TO 23 SEP 2012

PAY BANDS

PB - 3: LT, CAPT, MAJ : Rs 15,600 - 39,000 PB – 4: LT COL TO MAJ GEN : Rs 37,400 – 67,000 HAG : LT GEN : Rs 67,000 – 79,000 HAG +: ARMY CDR : Rs 80,000APEX SCALE : SERVICE CHIEF : Rs 90,000 PENSION : 50% OF (MINIMUM PAY IN PAY BAND + GRADE PAY + MILITARY SERVICE PAY)

MINIMUM PAY IN PAY BAND FOR PRE- 2006 RETIREES W.EF. 01 JAN 2006

• LT - Rs 15,600• CAPT - Rs 18,600 (Vs Rs 15,600)• MAJ - Rs 23,810 (Vs Rs 15,600)

• LT COL - Rs 38,530 (Vs Rs 37,400)

• COL - Rs 40,890 (Vs Rs 37,400)• BRIG - Rs 43,390 (Vs Rs 37,400)• MAJ GEN - Rs 44,700 (Vs Rs 37,400)• LT GEN - Rs 51,850

SLEIGHT OF HAND BY BABUS OF MIN OF DEF

COLONEL

• MINIMUM PAY IN PAY BAND - RS 40,890

• MINIMUM IN PAY BAND - RS 37,400

• LOSS OF PENSION PER MONTH

• = RS 0.50(40,890 – 37,400)

• = RS 1,745 + DR

INCORRECT PENSION FIXED BY MIN OF DEF TO PRE-2006 OFFICERS AS ON 1 JAN 2006

EMOLUMENTS: ASSUMED TO HAVE RETIRED ON 01 JAN 2006 IN PAY BAND (PB-4) Rs 37,400 – 67,000

MINIMUM IN THE PAY BAND - Rs 37,400

GRADE PAY - Rs 8,700

MILITARY SERVICE PAY - Rs 6,000

---------------

TOTAL EMOLUMENTS - Rs 52,100

---------------

PENSION = 50% OF TOTAL EMOLUMENTS

FOR 33 YEARS SERVICE = 0.50*(52,100)

= Rs 26,050 +DR

PENSION w.e.f 24 SEP 2012 FOR PRE – 2006 RETIREE

EMOLUMENTS

MINIMUM PAY IN THE PAY BAND- Rs40,890 (Vs 37,400)

GRADE PAY - Rs 8,700

MILITARY SERVICE PAY - Rs 6,000

TOTAL EMOLUMENTS - Rs 55,590

PENSION = 50% OF TOTAL EMOLUMENTS

= 0.50*(55,590)

= Rs 27,795 +DR

Vs Rs 26,050 +DR

COLONEL WITH 23 YEARS OF ACTUAL SERVICE & RETIRED IN MAR 2004

10 MONTHS AVERAGE EMOLUMENTS = RS 14,000 +

2,000(RANK PAY)

PENSIONABLE SERVICE = 23 + 7 WEIGHTAGE = 30 YEARS

PENSION = 0.50*(14,000+ 2,000) x 30/33 = 7,273 +

DEARNESS RELIEF (5,500)

– COMMUTATION (2,000)

– INCOME TAX (800)

= Rs 9,973

ENHANCEMENT OF PENSION: COLONEL WITH 33 YEARS SERVICE INCLUDING WEIGHTAGE

PERPERIOD AMOUNT

BEFORE 01 JAN 2006 0.50(17,350+2,000) = Rs 9,625 +DEARNESS RELIEF (DR)

01 JAN 2006 TO 23 SEP 2012

0.5*(37,400+8,700+6,000) = Rs 26,050 + DR37,400 IS THE MINIMUM IN THE PAY BAND Rs 37,400 – 67,000

24 SEP 2012 ONWARDS 0.5*(40,890+8,700+6,000) = Rs 27,795 + DR40,890 IS THE MINIMUM PAY IN THE PAY BAND

PENSION ARREARS FROM JAN 2006

SER NO

RANK PENSION WRONGLY

FIXED

ENTITLED PENSION

DIFFE-RENCE

ARREARS FROM JAN 2006 TO 23 SEP 2012

1 LT 13,500 15,465 1,965 1,82,745

2 CAPT 13,850 16,145 2,295 2,13,435

3 MAJ 14,100 18,025 4,105 3,81,765

4 LT COL

25,700 26,265 565 52,545

5 COL 26,050 27,795 1,745 1,62,285

6 BRIG 26,150 29,145 2,995 2,78,535

PENSION ARREARS FROM JAN 2006

SER NO

RANK PENSION WRONGLY FIXED

ENTITLED PENSION

DIFFE-RENCE

ARREARS FROM JAN

2006 TO 23 SEP 2012

1 MAJ GEN

24,566 30,350 5,784 5,37,912

2 LT GEN

PENSION REVISED W.E.F. 01 JAN 2006

POST 2006 RETIREES

• RECKONABLE EMOLUMENTS

• PAY IN PAY BAND; PB 3 – Rs15,600 – 39,000 (LT, CAPT, MAJ)• PB 4 – Rs 37,400 – 67,000(INCREMENT @ 3%)• GRADE PAY(GP)

LT – Rs 5,400 COLONEL - Rs 8,700CAPT – Rs 6,100 BRIG - Rs 8,900MAJ - Rs 6,600 MAJ GEN - Rs 10,000LT COL - Rs 8,000 LT GEN - Rs 12,000

• MILITARY SERVICE PAY(MSP) – Rs 6,000 SANCTIONED ONLY FROM SEP 2008

• NON PRACTISING ALLOWANCE(NPA) FOR MEDICOS• PENSION = 50% OF (PAY + GP+MSP+NPA) + DEARNESS RELIEF – COMMUTATION – INCOME TAX

ADDITIONAL PENSION FOR SUPER SENIOR CITIZENS

AGE BRACKET ADDL QUANTUM OF PENSION

80 - < 85 20%

85 - <90 30%

90 - <95 40%

95 - <100 50%

100 & BEYOND 100%

NOTE: ADDITIONAL PERCENTAGES ABOVE ARE TO

BE PAID ON DISABILITY ELEMENT ALSO

PRACTICAL EXAMPLE OF VARIOUS TYPES OF PENSIONS:

OFFICERS

EXAMPLE OF PENSIONS OF VARIOUS TYPES AS ON MAR 2015 (DR @ 107%)

RANK : COLONEL SERVICE : 33 YEARS DATE OF RETIREMENT : 31 DEC 2005 PAY SCALE : Rs 15,100 – 450 – 17,350 COMMUTATION : 43% CONTINGENCY - I : SHAPE – I CONTINGENCY – II : DISABLED 20% CONTINGENCY – III : DISABLED 20% IN IS DUTIES, ANTI SOCILA ELEMENTS ETC CONTINGENCY – IV : WAR INJURED CONTINGENCY – V : SENA MEDAL

(GALLANTRY)

SUPER ANNUATED IN SHAPE - 1

SERVICE PENSION (Rs 27,795 x 2.07) = Rs 57,535.65

(INCLUDING DEARNESS RELIEF @ 107% ) COMMUTATION @ 43% = 0.5*(17,350+2000)*0.43

DONE AT THE TIME OF

RETIREMENT ON 31 DEC 2005 = Rs 4,160 NET PENSION = Rs 57,536 – 4,160 –IT

= Rs 53,376 – IT

SUPER ANNAUTED WITH DISABLITY 20%

SERVICE ELEMENT – COMMUTATION =Rs 53,376 DISABILITY ELEMENT(20%) = Rs 53,376 x 0.30x0.20 = 3,203 FOR 100% DISABILITY, IT IS 30% OF SERIVCE PENSION; FOR LESSSER DISABILITIES, AMOUNT IS PROPORTIONATELY REDUCED

IT EXEMPTED = Rs 53,376+ 3,203

NET PENSION = Rs 56,579

DISABLED IN ACTION AGAINST RIOTS ETC i.e LIBERALSISED DISAABILITY PENSION SANCTIONED

SERVICE ELEMENT AFTER COMMUTATION = Rs 53,376 DISABILITY ELEMENT IS 20% BUT DUE TO = 53,376x0.5x0.3

= RS 8,006

LIBERALSISED, IT IS HIKED TO 50% DUE TO BROAD BANDING IT EXEMPTED = Rs 53,376+ 8,006 NET PENSION = Rs 61,382

IF WAR INJURED WITH 20% DISABILITY AND RETAINED IN

SERVICE SERVICE ELEMENT MINUS COMMUTATION= Rs 53,376

WAR INJURY ELEMENT = Rs 53,376 x 0.60 x 0.50 (20% DISABILITY IS HIKED TO 50% DUE TO BROAD BANDING AND FOR WAR INJURY COMPENSATION IS 60% OF RECKONABLE EMOLUMENTS) IT EXEMPTED = Rs 53,376 + 16,013

NET PENSION = Rs 69,389

IF AWARDED SENA MEDAL GALLANTRY AND IN SHAPE - I

SERVICE ELEMENT = Rs 53,376 GALLANTRY AWARD = Rs 500

NET PENSION(IT EXEMPTED) = Rs 53,876

SUMMARY OF PENSIONS VARIOUS TYPES SHAPE – I = Rs 53,376 - INCOME TAX

DISBALED 20% = Rs 56,579

DISABLED IN IS DUTIES ETC = Rs 61,382

WITH 20% DISABILITY

WAR INJURED WITH 20% = Rs 69,389

GALLANTRY AWARD SM = Rs 53,876 NOTE: ADD EXTRA AS UNDER:-

AGE IS 80 YEARS : 20 %

AGE IS 85 YEARS : 30%

AGE IS 90 YEARS : 40%; AGE IS 95 : 50%

AGE IS 100 YEARS : 100%

PENSION ON DEMISE OF SERVING SOLDIER OR

PENSIONER

EXAMPLE OF VARIOUS TYPES OF FAMILY PENSION TO WIDOWS OF OFFICERS IN

VARIOUS CONTINGENCIES

LADY IS ENTITLED FOR 60% OF PENSION DRAWN BY HER DECEASED HUSBAND

WHILE HE WAS ALIVE

RANK : COLONEL SERVICE : 33 YEARS DATE OF RETIREMENT : 31 DEC 2005(PRE – 2006) COMMUTATION : 43% WIDOW IS ENTITLED FOR 60% OF HER DECEASED HUSBAND’S PENSION OF BASIC PENSION WITH DR OF 107% – COMMUTATON BASIC PENSION = 27795*2.07 = 57,536 COMMUTATION AT THE = 17,350 x 0.43 = 7,461

TIME OF RETIREMENT PENSION DRAWN = Rs 57, 536 – 7,461 = RS 50,075

BEFORE DEMISE ENHANCED OFP = 57,536(COMMUTATON IS IGNORED)

(FOR 7 YEARS FROM DATE OF DEMISE OR 67 YEARS OF AGE WHICH EVER IS EARLIER)

• ORDINARY FAMILY = 0.60 x 57,536

= RS 34,522 NOTE: ADD EXTRA TO ABOVE FIGURES

BEING SUPER SENIOR CITIZEN AS UNDER:-

• AGE IS 80 YEARS :20 %

• AGE IS 85 YEARS : 30%



• AGE IS 100 YEARS: 100%

DEATH OF OFFICER UNDER VARIOUS CIRCUMSTANCES: PENSION TO WIDOW

DEATH ON RETIREMENT : Rs 34,522 – IT

(@ 60% OF PENSION DRAWN)

DEATH WHILE IN SERVICE : @ 120% OF LAST

ATTRIBUTABLE TO MILITARY EMOLUMENTS

SERVICE OR AGGRAVATED BY

MILITARY SERVICE (SPF)

DEATH IN WAR OR WAR LIKE : @ 200% OF LAST

OPERATOINS(TERRORISTS ETC) EMOLUMENTS

NOTE: ADD 20% TO THE ABOVE FIGURE IF SHE IS 80 YEARS;

30% IF 85 YEARS; 40% IF 90 YEARS; 50% IF 95 YEARS

100 % IF SHE IS 100 YEARS

ONE RANK ONE PENSION(OROP)

ONE RANK ONE PENSION

SAME PENSION TO SAME RANK WITH SAME NUMBER OF YEARS OF SERVICE IRRESPECTIVE OF DATE OF RETIREMENT

ANY BENEFIT GIVEN TO SERVING PERSONNEL TO BE PASSED ON TO PAST PENSIONERS I.E. INCREMENTS

OROP – MILITARY PENSIONYEARS IN SERVICE

LT CAPT MAJ LT COL COL BRIG

20 21,460 22,595 31,790 32,490 32,850 32,950

21 22,590 23,795 32,515 33,215 34,520 34,620

22 23,180 24,420 32,515 33,215 34,535 34,785

23 23,180 24420 32,515 33,215 34,535 34,785

24 23,790 25,050 32,525 33,225 34,535 35,555

25 24,415 25,600 32,525 33,225 34,535 35,605

26 25,060 25,600 32,525 33,225 35,275 36,420

27 25060 25,600 33,295 33,995 36,080 37,255

OROP – MILITARY PENSIONYEARS IN SERVICE


28 25,060 25,600 33,295 33,995 36,095 37,255

29 25,060 25,600 33,295 33,995 36,930 37,275

30 25,060 25,600 33,295 34,765 36,940 37,280

31 34,765 36,950 37,795

32 36,975 39,020

33 38,865 39,025

34 38,865 39,025

35 38,865 39,025

OROP – MILITARY PENSION

YEARS IN SERVICE


36 39,035

37 39,035

38 39,035MAJ GEN LT GEN

(HAG)LT GEN (HAG+)

LT GEN (AC)

COAS

39 41,500 42,500 43,000 44,000 48,000

SER NO

RANK PENSION TODAY

MILITARY PENSON (1.4.2014)

DIFFE-RECEN

ARREARS

1 LT 15,465 25,060 9,595 1,15,140

2 CAPT 16,145 25,600 9,455 1,13,460

3 MAJ 18,205 33,295 15,090 1,81,080

4 LT COL

26,265 34,765 8,500 1,02,000

5 COL 27,795 38,865 11,070 1,32,840

6 BRIG 29,145 39,035 9,890 1,18,680

PENSION ARREARS FROM APR 2014 TO MAR 2015

SER NO

RANK PENSION TODAY

MIL PENSON W.E.F. 01 APR 2014

DIFFE-RECEN

ARREARS

7 MAJ GEN

30,350 41,500 11,150 1,33,800

8 LT GEN(HAG)

36,500 42,500 6,000 72,000

9 LT GEN(HAG+)

36,500 43,000 6,500 78,000

10 LT GEN(AC)

40,000 44,000 4,000 48,000

RANK PAY ARREARS

COMPARISON OF BASIC PAY AS ON 01 JAN 1986

ITEM CIVILIAN(EE) MAJORBASIC PAY 1,700 1,700

DA 243 243

ADDL DA – 1 1,117 1,117

ADHOC DA 124 124

INTERIM RELIEF 250 250

ADD 20% FITMENT 340 340

ON BASIC PAY

EMOLUMENTS 3,434 3,434

DEDUCT RANK PAY NIL (-) 600

BASIC PAY TO BE 3,434 2,834

FIXED

SO2 (CIVILIAN) CAN FLY BY AIR; SO1(LT COL ) CAN NOT FLY

RANK PAY ARREARS

4TH CPC INSTITUTED RANK PAY TO GIVE AN EDGE TO DEFENCE SERVICES OFFICERS TO ATTRACT YOUTH TO JOIN ARMED FORCES. RANK PAY IS SEPARATE FROM BASIC PAY BUT IS TO BE ADDED FOR ALL PURPOSES SUCH AS DA, TA, PENSION, GRATUITY, LEAVE ENCASHMENT ETC.

MAJ AK DHANAPALAN, ENGRS, FILED A WP IN HON’BLE HIGH COURT OF KERALA IN 1996 FOR DEDUCTING RANK PAY FROM EMOLUMENTS. SINGLE JUDGE UPHELD HIS CONTENTION

UNION OF INDIA FILED AN APPEAL IN DIVISION BENCH OF HON’BLE KERAL HIGH COURT. APPEAL DISMISSED IN 2003

RANK PAY ARREARS

MIN OF DEF FILED SLP IN HON’BLE SUPREME COURT IN 2005. THE SAME WAS DISMISSED DUE TO INORDINATE DELAY

MIN OF DEF HAD TO IMPLEMENT THE ORDER AND PAID MAJ AK DHANAPALAN RS 28,031. HE SENT COPY OF THE JUDGMENT TO MANY OFFICERS KNOWN TO HIM.

CONSEQUENTLY A NUMBER OF OFFICERS FILED WRIT PETETIONS IN VARIOUS HIGH COURTS FOR THE SAME RELIEF

MIN OF DEF APPROACHED HON’BLE SUPEME COURT TO TRANSFER ALL SUCH APPEALS TO SUPREME COURT IN 2007

RANK PAY ARREARS

HON’BLE SUPREME COURT DISMISSED APPEAL OF MIN OF DEF IN MAR 2010

MIN OF DEF FILED AN INTERLOCUTORY PETETION IN 2010 WHICH WAS FINALLY DISMISSED BY THREE JUDGE BENCH IN SEP 2012 AND INSTRUCTED MIN OF DEF TO REFIX BASIC PAY WITHOUT DEDUCTING RANK PAY FROM TOTAL EMOLUMNETS AS ON 01 JAN 1986 AND PAY INTEREST @ 6% ONLY FROM 01 JAN 2006

MANY MISTAKES COMMITTED BY PCDA(O) PUNE IN REMITTANCE OF RANK PAY ARREARS

BRIG SHOWN AS LT COL TILL HIS DATE OF RETIREMENT DA NOT CORRECTLY CALCULATED PROMOTIONS NOT SHOWN ON DATE OF ACTUAL PROMOTION RANK PAY NOT GRANTED TO ACTING PROMOTIONS THOUGH

THEY COMPLETED THEIR MINIMUM SERVICE TO GET ACTING RANK SAY 20 YEARS FOR COL AND 23 YEARS FOR BRIG

SHOWING MORE PAY PAID WHILE IN SERVICE IN BEFORE REVISION PART OF DUE & DRAWN STATEMENT

STAGNATION INCREMENT NOT GIVEN WHEN DUE COL(SG) SHOWN AS LT COL (TS) INCREMENT NOT PAID ON DUE DATE OF INCREMENT FIXING OF BASIC PAY ON JAN 1986 AND JAN 1996 NOT

CORRECTLY DONE PAY ON JAN 1986 IN BEFORE REVISION SHOWN ON HIGHER SIDE

THEREBY RANK PAY ARREARS BECOMING VERY SMALL

MAJs WITH 21 YEARS SERVICE TO BE GRANTED PAY &

PENSION OF LT COL WITH RANK PAY OF MAJ

PENSION OF SUBSTANTIVE MAJOR WITH 21 YEARS OF COMMISSIONED SERVICE

SUBSTANTIVE MAJORS BEFORE 01 JAN 1996 WITH 21 YEARS OF COMMISSIONED SERVICE. AS A ONE TIME MEASURE THEY WILL BE GRANTED PAY AND PENSION OF LT COL IN THEIR 22ND YEAR OF SERVICE WITH RANK PAY OF MAJOR ONLY. SUCH OFFICERS ARE ELIGIBLE FOR CORRIGENDUM PPOs FROM PENSION SANCTIONING AUTHORITIES. SUCH OFFICERS TO APPLY TO PSA(PCDAs) THROUGH PENSION DISBURSING AGENCIES (BANKS, DPDOs, TREASURIES) & PCDA(O), PUNE

SUBSTANTIVE MAJORS ON OR AFTER 01 JAN 1996 WITH 21 YEAR COMMISSIONED SERVICE

THOSE WHO STAGNATE FOR ONE YEAR ARE ELIGIBLE TO DRAW PAY SCALE OF LT COL BUT DRAW RANK PAY OF MAJOR ONLY. ACCORDINLY THEIR PENSION IS ALSO FIXED

MAJ KG THOMAS WON HIS CASE IN PRINCIPAL BENCH OF AFT, NEW DELHI.

MIN OF DEF DID NOT CONTEST THAT JUDGMENT IN HON’BLE HIGH COURT & SUPREME COURT

MAJ KG THOMAS WAS PAID ALL HIS ARREARS SIMILARLY PLACED OFFIERS ARE DENIED THIS

BENEFIT OF JUDGMENT OF AFT, NEW DELHI MIN OF DEF CATEGORICALLY STATED THAT THOSE

WHO GET JUDGMENTS IN THEIR FAVOUR WILL GET BENEFIT AND NOT OTHERWISE

MIN OF DEF WHO IS SUPPOSED TO LOOK AFTER ARMED FORCES VETERANS ARE HELPING ONLY ADVOCTES TO EARN LITTLE MORE MONEY AND KEEP AFTs BUSY FOR PAYING THEM HUGE SALARIES

CORR PPO FOR ENDORSING DATE OF BIRTH OF SPOUSE FROM PCDA(PENSION) ALLHABAD

ACTION BY PENSIONER FOR BENEFIT OF SPOUSE

• JOINT PENSION ACCOUNT IN BANK

• DATE OF BIRTH OF SPOUSE IN THE PRESCRIBED FORM FOR ISSUE OF CORR PPO

• MAKE 4 COPIES OF APPLICATION FORM

• ENCLOSE DOCUMENT FOR DATE OF BRITH OF YOUR SPOUSE LIKE BIRTH CERTIFICATE, MATRIC CERTIFICATE, DRIVING LICENSE, ECHS CARD, PASS PORT, DO PART II IN CASE SHE IS FROM DEFENCE BACK GROUND

• TAKE FOUR COPIES, GO TO YOUR BANK. ASK THEM TO FILL UP THEIR PORTION

• TAKE BACK THREE COPIES FROM THEM.

• RETAIN ONE COPY WITH YOU FOR YOUR RECORDS.

• SEND TWO COPIES TO DIRECTOR MP5/6 WHO WILL ENDORSE HIS REMARKS AND SENDS YOUR DOCUMENTS TO PCDA(PENSIONS) ALLAHABAD

• PCDA(PENSIONS) ALLAHABAD SENDS CORR PPO GIVING DATE OF BIRTH OF SPOUSE TO :-

• YOU

• PCDA(O) PUNE

• AGs BRANCH(MP – 5/6)

• CPPC OF YOUR BANK & YOUR BANK

ADDRESS TO BE SENT TO PCDA(PENSIONS) ALLAHABAD

• PL GO TO WEB SITE OF PCAD(PENSIONS) ALLAHABAD.

• CLICK ON THE REQUIRED PAGE TO ENTER YOUR ADDRESS

• FILL UP ALL FIELDS ON LINE

• CLICK SUBMIT BUTTON

• YOU WILL RECEIVE ACKNOWLEDGMENT GIVING WHTEVER YOU FILLED UP. TAKE A PRINT OUT.

• ENSURE YOU GIVE YOUR MOBILE NO, E-MAIL ID AND POSTAL ADDRESS CORRECTLY

ACTION IN CASE OF RECOVER OF EXCESS PAYMENT

IT IS YOUR MORAL RESPONSIBILITY TO SEE THAT YOU GET CORRECT PENSION

IN CASE YOU GET EXCESS PENSION AND LATER IT IS DETECTED, BANKS ARE AUTHORISED BY RBI AND MIN OF DEF TO DEDUCT EXECSS AMOUNT IN INSTALMENTS EACH NOT EXCEEDING ONE THIRD OF EXCESS AMOUNT

YOU CAN SUBMIT COPIES OF FOUR TO FIVE JUDGMENTS OF HON’BLE SUPREME COURT NOT TO RECOVER EXCESS PENSION. BUT IT WILL LEAD TO LOT OF LEGAL COMPLICATIONS. CHOICE IS YOURS

NON FUNCTIONAL FINANCIAL UPGRADATION(NFFU)

NON FUNCTIONAL FINANCIAL UPGRADATION(NFFU)

6TH CENTRAL PAY COMMISSION ON REQUEST OF ALL GROUP ‘A’ SERVICES (IAS, IFS, IPS, IRS ETC) RECOMMENDED NFFU TO OVERCOME SO CALLED STEEP STAGNATION

FOR IAS STAGNATION MEANS 100% IAS OFFICERS BECOMES JT SECY (MAJ GEN) ONLY AT 19 YEARS SERVICE (WHERE AS ONLY 0.8% OFFICERS BECOME MAJ GEN AT 30 YEARS SERVICE)

GETTING PROMOTION AS JT SECY AT 19 YEARS SERVICE IS UNBEARABLE AND IS REQUIRED TO BE OVER COME BY NFFU

IF IAS OFFICER OF A BATCH BECOMES A JOINT SECY

• ALL HIS BATCH MATES JUNIOR TO HIM IN THE RANK OF DIRECTOR(COL) ALSO WILL DRAW PAY OF JOINT SECRETARY THOUGH PERFORMING DUTIES OF DIRECTOR

• IF SUCH OFFICERS RETIRE WITHOUT PROMOTION THEN THEIR PENSION WILL THAT OF JOINT SECY.

• ALL IAS OFFICERS WILL DRAW PAY OF ADDL SECY (LT GEN) IF THEY PUT IN 32 YEARS SERVICE

• ARMED FORCES OFFICERS ARE NOT GROUP ‘A’ OFFICER S BUT ONLY COMMISSIONED OFFICERS. HENCE THEY ARE NOT ELIGIBLE TO GET NFFU

• OTHER GROUP ‘A’ OFFICERS LIKE IPS, BRO, MES, ORD FACTORIES, MIL ESTATES, CDAs ETC WILL GET NFFU ONLY AFTER TWO YEARS I.E. JOINT SECY AT 19 YEARS SERVICE

MISCEELANEOUS ISSUES

BANKS NOT PAYING CORRECT AMOUNT OF PENSION PENSIONER NOT HAVING JOINT ACCOUNT WITH WIFE NAME OF WIFE IS DIFFERENT IN PPO NON SUBMISSION OF LIFE CERTIFICATE TO PDA EVERY

NOVEMBER. JEEVAN PRAMAAN HELPS YOU NOT TO GO TO BANK MISPLACEMENT OR LOSS OF PPO BY BANKS MISPLACEMENT OR LOSS OF IMPORTANT DOCUMENTS BY

PENSIONER WIDOW IN REMOTE VILLAGE NOT KNOWING WHERE TO GO TO

RESOLVE HER PENSION PROBLEM NON COMMENCEMENT OF PENSION TO WIDOW ON DEATH OF HUSBAND THOUGH HER NAME FIGURES IN THE PPO AND HAS JOINT ACCOUNT WITH HER LATE HUSBAND WHILE HE WAS ALIVE DISPUTES BETWEEN WIDOW AND CHILDREN ON DIVISION OF PROPERTY IN THE ABSENCE OF WILL

ACTIONS TO BE TAKEN BY WIDOW ON DEATH

OF HER BELOVED HUSBAND

DEATH COULD BE NATURAL OR UNNATURAL UNNATUAL DEATH

• IN CASE OF UNNATURAL DEATH, REPORT TO POLICE IMMEDIATELY. POLICE GET AUTOPSY DONE TO DETERMINE CAUASE OF DEATH. THIS AVOIDS LOT OF LEGAL PROBLEMS SUBSEQUENTLY

NATURAL DEATHS

• DEPENDING UPON STATE LAWS, IT IS BETTER TO GET TWO COPIES OF CERTIFICATE FROM FAMILY DOCTOR WHO USUAULLY TREATS THE PENSIONER THE CAUSE OF DEATH.

• THIS IS DEMANDED BY AUTHORITIES AT THE CREMATION OR BURIAL GROUND & REGISTRAR OF BIRTH, MARRIAGE AND DEATH ALSO.

OBTAIN DEATH CERTIFICATE WITH IN 15 DAYS FROM REGISTRAR OF BIRTHS & DEATHS. YOU CAN GET AS MANY INK SIGNED COPIES AS YOU WANT. APPLY FOR 20 INK SIGNED COPIES. TAKE ADEQUATE NO OF PHOTO COPIES

INFORM IN WRITING OF DEATH OF PENSIONER ENCLOSING A COPY OF DEATH CERTIFICATE(INK SIGNED), ORIGINAL PPO ISSUED AT THE TIME OF SUPER ANNUATION AND A JOINT PHOTO GRAPH. REQUEST BANK TO STOP PENSION AND COMMENCE ONLY ORDINARY FAMILY PENSION OR ENHANCED ORDINARY FAMILY PENSION (DEATH WITHIN 7 YEARS FROM RETIREMENT OR 67 YEARS OF AGE OF PENSIONER)

IN CASE WIDOW DOES NOT HAVE JOINT ACCOUNT IN THE BANK FROM WHICH HER DECEASED HUSBAND DREW PENSION, SHE NEEDS TO OPEN ANOTHER ACCOUNT IN THE SAME BANK.

SHE WILL BE ASKED TO SUBMIT PROOF OF IDENTITY, RESIDENCE PROOF AND LEGAL HEIR I.E. SHE IS LEGALLY MARRIED WIFE OF PENSIONER

THIS IS GENERALLY AVAILABLE IN PPO UNDER SPOUSE COLUMN. SHE NEEDS TO SUBMIT A JOINT PHOTO TO PROVE HER IDENTITY

IN CASE OF OFFICER, WIDOW IS REQUIRED TO INTIMATE DEATH OF HER HUSBAND TO AGs BRANCH, MP 5/6 ENCLOSING A COPY OF DEATH CERTIFICATE AND HER LETTER TO PENSION PAYING BRANCH FOR STOPPING PENSION .

AGs BRANCH WILL TAKE UP A CASE WITH PCDA(PENSIONS) ALLAHABAD TO GENERATE A CORR PPO AUTHORING ORDINARY OR ENHANCED ORDINARY FAMILY PENSION TO WIDOW

• FOR JCOs & OR THE RECORD OFFICE WILL TAKE UP A CASE WITH PCDA(PENSIONS) ALLAHABAD

• IF AGE OF PENSIONER IS LESS THAN 70 YEARS, THEN WRITE TO ARMY GROUP INSURANCE FOR EXTENDED INSURANCE BENEFIT

• INFORM DEATH OF PENSIONER TO ZILLA SAINIK WELFARE OFFICER ENCLOSING A COPY OF DEATH CERTIFICATE FOR OBTAINING GRANTS SANCTIONED

• APPLY FOR ASSURED LAST DECENT RITES TO SUB AREA/DEPENDENT CANTEEN

IF PENSIONER HAD MULTIPLE BANK ACCOUNTS, THEN WIDOW HAS TO WRITE TO EACH ONE OF THEM REQUESTING TO TRANFER THE CREDIT BALANCE TO HER SAVINGS BANK ACCOUNT DULY SUPPORTED BY DEATH CERTIFICATE, JOINT PHOTO AND PPO MENTIONING HER AS LEGALLY WEDDED WIFE

RETUREN IDENTITY CARD RECEIVED FROM ARMY HQ/SUB AREA/AREA HQ TO LOCAL SUB AREA AND IDENTITY CARD ISSUED BY ZILLA SAINIK WELFARE OFFICER BACK TO HIM/HER.

MOST OF STATE GOVTs HAVE FUNERAL GRANT AUTHORISED. APPLY FOR THE SAME TO ZILLA SAINIK WLEFARE OFFICER.

OBTAIN WIDOW IDENTITY CARD ISSUED BY MIN OF DEF FROM ZILLA SAINIK WELFARE OFFICER

INSURANCE POLICIES. IN CASE PENSIONER HAD TAKEN INSURANCE POLICIES APPLY TO THEM FOR INSURANCE AMOUNT TO BE TRANSFERRED INTO SB ACCOUNT OF WIDOW. ENCLOSE A COPY OF DEATH CERTIFICATE

TRANSPORT. THE WIDOW IS ENTITLED TO GET VEHICLE REGISTED IN HER HUSBAND’S NAME IN HER FAVOUR. APPLY TO YOUR REGIONAL TRANSPORT AUTHORITY

LICENSED WEAPON. IF PENSIONER HELD ANY LICENSED WEAPON, DEPOSIT THE SAME IN DEPENDENT POLICE STATION. APPLY TO DIST COLLECTOR OR ARMS LICENSING AUTHORITY TO ISSUE LICENSE TO NOK

IF THE HOUSE IS REGISTED IN THE NAME OF PENSIONER, WIDOW IS REQUIRED TO APPLY FOR TRANSFER OF REGISTRATION IN HER NAME TO THE DEPENDENT REGISTRAR OF CO-OPERATIVE SOCIETIES ENCLOSING A COPY OF DEATH CERTIFICATE, JOINT PHOTO AND PPO PROVING HER LEGAL HEIR STATUS. IF WILL IS THERE , THEN A COPY ALSO BE ENCLOSED

HOUSE IN AWHO COLONY. IF HOUSE IS IN AWHO COLONY, THEN WIDOW IS TO GET NOC FROM SOCIETY BEFORE SHE APPLIES FOR CHANGE OF OWENRSHIP IN HER NAME.

IF ELECTRIC CONNECTION IS IN THE NAME OF PENSIONER, THEN WIDOW IS TO GET IT TRANSFERRED IN HER NAME BY PAYING NOMINAL AMOUNT. SHE IS TO ENCLOSE A COPY OF DEATH CERTIFICATE

• PROPERTY TAX. WRITE TO MUNICIPAL CORPORATION /LOCAL PANCHAYAT TO CHANGE NAME OF OWNER FROM HER DECEASED HUSBAND TO HERSLEF

• INCOME TAX AUTHORITIES. WRITE TO THEM TO CLOSE HER HUSBAND’S INCOME TAX FILE AND OPEN ANOTHER IT FILE IN HER NAME. ENCLOSE DEATH CERTIFICATE AND COPY OF PPO SHOWING HER LEGAL HEIR STATUS AND A JOINT PHOTO.

• FIXED DEPOSIT WITH BANKS AND OTHER NON BANKING INSTITUTIONS. INFORM THEM TO TRANSFER THE CREDIT BALANCE TO HER SB ACCOUNT BY ENCLOSING A COPY OF DEATH CERTIFICATE, PPO AND JOINT PHOTO.

• CLUBS/INSTITUTIONS. INFORM DEATH OF HUSBAND. CLEAR ALL DUES. ASK THEM TO TRANFER MEMBERSHIP IN HER NAME.

• CREDIT CARD. IF HUSBAND HAD CREDIT CARDS WITH , THEN DEPOSIT THEM WITH BANK AND ENCLOSE A COPY OF DEATH CERTIFICATE. CLEAR ALL OUTSTANDING BILLS IN CREDIT CARD.

• ECHS CARD. DEPOSIT ECHS CARD OF HUSBAND WITH DEPENDENT ECHS POLYCLINIC DULY SUPPORTED BY A COPY OF DEATH CERTIFICATE

• CSD CARD. INFORM DEPENDENT CSD CANTEEN OF DEATH DULY SUPPORTED BY A COPY OF DEATH CERTIFICATE

OTHER TYPES OF PENSONS AUTHORISED TO AREMD

FORCES PERSONNEL

DISABILITY PENSION

OBSERVATION OF HON’BLE SUPREMECOURT ON THE ATTITUDE OF MINISTRY OF DEFENCE

TOWARDS DISBALED SOLDIERS

HON’BLE MR JUSTICE HL DATTU

HON’BLE MR JUSTICE JS KHEHAR

“You can’t distinguish personnel with disability on the basis of cut-off date.

Either give it to all or refuse it to all. After introducing disability pension, you can’t

deny it to some people,”.

DISABILITY PENSION

SOLDIERING IS A HAZARDOUS PROFESSION OCCURANCE OF DISABILITIES IS NOT VERY UNCOMMON DISABILITIES OCCUR:- WHEN PERFORMING MILITARY DUTIES WHEN NOT PERFORMING MILITARY DUTIES DISABILITIES VARY FROM TRIVIAL INJURY TO DEATH DISABILITIES NEED TO BE COMPENSATED FAIRLY AND ADEQUATELY. COMPENSATION DEPENDS UPON SEVERITY OF DISABILITY

TYPES OF DISABILITIES

SUSTAINED WHILE ON DUTY(ATTRIBUTED TO &

AGGRAVATED BY MILITARY SERVICE) SUSTAINED WHILE NOT ON DUTY(IF NOT DETECTED AT THE TIME OF RECRUITMENT)

(NOT ATTRIBUTABLE OR NOR AGGRAVATED BY MILITARY SERVICE – NA-NA) SCHIZOPHRENIA SPLIT PERSONALITY MENTAL DISORDERS OF VARIOUS TYPES EPILEPSY INJURIES SUSTAINED WHILE ON LEAVE INJURIES SUSTAINED WHILE NOT ON DUTY

PRIORITY & QUANTUM OF DISABILITY PENSIONS

PRIORITY SERIVCE PENSION FAMILY PENSION

I WAR INJURY LIBERALISED

ELEMENT FAMILY PENSION

II DISABILITY SPECIAL FAMILY

ELEMENT ON PENSION

MILITARY DUTY

III DISABILITY ELEMENT ORDINARY FAMILY

NOT ON MILITARY DUTY PENSION

DISABILITY PENSION

GRANTED TO THOSE WHO SUFFERED DISABILTY ATTRIBUTABLE TO OR AGGRAATED BY MILITARY SERVICE TO THOSE WHO ARE EITHER RETAINED IN SERVICE OR BOARDED OUT ON MEDICAL GROUNDS FOR HAVING REACHED LOWEST MEDICAL CATEGORY

TO BE ELIGIBLE FOR DISABILITY PENSION TWO CONDITIONS HAVE TO BE MET:-

CONDITION 1. DISABILITY DUE TO MILITARY SERVICE CONDITION 2. MINIMUM PERCENTAGE OF DISABILITY = 20%

DISABILITY HAS TWO COMPONENTS

SERVICE ELEMENT - RETIRING PENSION

DISABILITY ELEMENT - ASSESSED BY MED BD.

DISABILITY PENSION

AMOUNT. FOR 100% DISABILITY, DISABILITY ELEMENT IS

30% OF LAST RECKONABLE EMOLUMENTS (PAY + GP + MSP + NPA) SUBJECT TO MINIMUM OF Rs 3,510

DEARNESS RELIEF(DR) IS ADDED TO SERVICE AND DISABILITY ELEMENT ON RETIREMENT SEPARATELY

THOSE WHO ARE INVALIDED, WILL GET BENEFIT OF BROAD BANDING i.e 1-50 = 50%, 51-75 = 75%, >75 = 100%

THE MAXIMUM CEILING FOR DISABLED PERSONNEL BOARDED OUT HAS BEEN REMOVED w.e.f 01 JUL 2009. THE SERVICE ELEMENT AND DISABILITY ELEMENT CAN BE MORE THAN LAST RECKONABLE EMOLUMENTS.

DISABILITY PENSION

FOR LESSER DISABILITY PERCENTAGES, THE DISABILITY ELEMENT IS PROPORTIONATELY REDUCED

SEPARATE PPOs ARE ISSUED BY PCDA(PENSIONS) FOR SERVICE ELEMENT AND DISABILITY ELEMENT

INCOME TAX IS EXEMPTED ON ENTIRE DISABILITY

PENSION i.e. SERVICE PENSION & DISABILITY ELEMENT (GEN DEEPAK KAPOOR)

WHAT IS ATTRIBUTABLE TO OR AGGRAVATED BY

MILITARY SERVICE?

ATTRIBUTABLE TO MILITARY SERVICE OR NOT

In Halsbury's Laws of England, Fourth Edition, Re-issue 2(2), 2003 Edition, in para 278, the meaning to the expression 'attributable to service' has been brought out as:

"On the issue of whether an injury is attributable to service, two questions must be answered: first, when did the injury occur?; secondly, what were the causes of its occurrence? If it existed before service, it cannot be attributable to service, but may be aggravated by it.

THE CRITERION IS : THE SOLDIER SHOULD NOT HAVE DONE AN ACT DURING CASUAL LEAVE WHICH HE OTHERWISE WOULD NOT BE DOING IN MILITARY SERVICE I.E. AGRICULTURE ACTIVITY ON CASUAL LEAVE OR ENTERING INTO BRAWL IN A PUB WHILE ON CASUAL LEAVE ARE NOT PERMITTED. CLEANING OF PRIVATE WEAPON IN CASUAL LEAVE EVEN IF THIS ACT IS DONE NEGLIGENTLY. THIS ACTIVITY IS SIMILAR TO WHAT SOLDIER WOULD HAVE DONE HAD BEEN ON DUTY IN HIS UNIT. HENCE ATTRIBUTABLE TO MILITARY SERVICE.

If it occurred during service and if service was one of the causes of its occurrence then it is attributable to service; but if service was not a cause of its occurrence, it cannot be attributable to service, although it may be aggravated by service. For the injury to be attributable to service, the service must be a cause of the injury, as distinct from being merely a part of the circumstances in or on which the cause operates. However, if the injury does not arise during service and service is one of its causes, the injury is attributable to service, notwithstanding that other causes also exist, co-operating with service to produce the injury."

FAMOUS JUDGMENTS OF HON’BLE

SUPREME COURT

HON’BLE SUPREME COURT JUDGMENTS ON DISABILITY PENSION

MADAN SINGH SHEKHAWAT Vs UNION OF INDIA; (1999) 6, SCC, 459 HON’BLE MR JUSTICE SP BHARUCHA

HON’BLE MR JUSTICE S SANTOSH HEGDE SOLDIER ON CASUAL LEAVE ARE ALSO ON MILITARY DUTY AND INJURIES SUSTAINED ARE ATTRIBUTED TO MILITARY SERVICE AND IS ELIGIBLE FOR DISABILITY ELEMENT OF PENSION IF HE WAS ON MILITARY DUTY IN THAT YEAR PRIOR TO PROCEEDING ON CASUAL LEAVE THE SOLDIER MET WITH AN ACCIDENT WHILE HE WAS DETRAINING IN RAILWAY STATION AT HIS HOME TOWN WHILE ON CASUAL LEAVE AND INJURY SUSTAINED : AMPUTATION OF HIS HAND BELOW ELBOW

LT COL PK KAPUR VS UNION OF INDIA

APPEAL (CIVIL) NO 4356 OF 2006 IN THE BENCH OF

HON’BLE DR JUSTICE ARIJIT PASAYAT HON’BLE MR JUSTICE SH KAPADIA LT COL PK KAPUR SUSTAINED INJURY TO LEFT SHOULDER IN 1965 INDO PAK WAR IN J & K SECTOR DUE TO ENEMY ARTY SHELLING MEDICAL BOARD ASSESSED DISABILITY AT 30% AT THE TIME OF HIS SUPER ANNUATION IN NOV 1989 DENIED BROAD BANDING OF WAR INJURY ELEMENT GIVEN TO POST 1996 RETIREES VIOLATING ART 14 OF CONSTITUTION GRANTED BROAD BANDING BY HON’BLE SUPREME COURT

HON’BLE SUPREME COURT JUDGMENT ON EPILEPSY OF SOLDIER: ELIGIBLE FOR

DISABILITY PENSION

EX-SIGMN DHARAM VIR SINGH Vs UNIN OF INDIA: CASE NO: CIVIL APPEAL NO 4949 OF 2013 ARISING OUT OF SLP( C) 6940 OF 2010

HON’BLE MR JUSTICE AK PATNAIK

HON’BLE MR JUSTICE SUDHANSU JYOTI MUKHOPADHAYA

In absence of any evidence on record to show that the appellant was suffering from "Genrealised seizure (Epilepsy)" at the time of acceptance of his service, it will be presumed that the appellant was in sound physical and mental condition at the time of entering the service and deterioration in his health has taken place due to service.

DISABILITY PENSIOIN

SOLDIERS WITH DISABILITY COULD BE BOARDED OUT IF THEIR DISABILTY AFFECTS PERFORMANCE OF MILITARY DUTIES AS ASSESSED BY MEDICAL BOARD

SUCH DISABLED AND INVALIDED SOLDIERS ARE SANCTIONED SERVICE ELEMENT AND DISABILITY ELEMENT WITH A CEILING THAT THEY SHOULD NOT EXCEED LAST EMOLUMENTS DRAWN

THIS RESTRICTION HAS BEEN REMOVED w.e.f. 01 JUL 2009 AND SUCH SOLDIERS CAN DRAW THEIR PENSION WHICH MAY BE MORE THAN THEIR LAST EMOLUMENTS DRAWN

BUT SUCH AFFECTED PERSONS HAVE TO APPLY TO REMOVE THIS CEILING THROUGH THEIR BANKS(PDA) TO PCDA(PENSIONS) ALLAHABAD (PSA) BROAD BANDING IS PERMITTED. THEORITICALLY EVEN 1% DISABILITY WILL GET MINIMUM 50% DISABILITY ELEMENT. BUT SUCH PERSONNEL ARE NOT GENERALLY BOARDED OUT

LIBERALISED DISABILITY PENSION

DISABILITY SUSTAINED DURING:- ACTS OF VIOLENCE ACTS BY TERRORISTS ACTS BY ANTI SOCIAL ELEMENTS BOMB BLASTS IN PUBLIC PLACES OR TRANSPORT INDISCRIMINATE SHOOTING INCIDENTS IN PUBLIC IN AID TO CIVIL AUTHORITY ACTS IN CONNECTION WITH NATURAL CALAMITIES

QUANUTM OF PENSION: SERVICE AND DISABILITY ELEMENT SHOULD NOT BE LESS THAN 80% OF LAST RECKONABLE EMOLUMENTS BROAD BANDING OF DISABILITY IS PERMITTED

(< 50% = 50%; 50 – 75 = 75%; 76 -100 = 100%)

INVALID PENSION

INVALID PENSION

NOT SAME AS DISBALITY PENSION

TYPE OF INVALIDMENT

INVALIDMENT NOT ATTRIBUTED OR NOR AGGRAVATED BY MILITARY SERVICE (NA-NA)

GRANTED TO THOSE WHO ARE MEDICALLY BOARDED OUT OF SERVICE DUE TO DISABILITY NOT ATTRIBUTED OR AGGRAVATED BY MILITARY SERVICE (NA-NA) WITH SERVICE ELEMENT IF SERVICE IS 10 OR MORE YEARS AS COMPENSATION SINCE THEIR EMPLOYMENT IS CUT SHORT.

THOSE WITH LESS THAN 10 YEARS SERVICE AND ARE BOARDED OUT DUE TO INJURY SUSTAINED NOT DUE TO MILITARY SERVICE OR NOR AGGRAVATED BY MILITARY SERVICE (NA-NA) ARE NOT GIVEN SERVICE ELEMENT BUT ARE SANCTIONED INVALID GRATUITY.

INVALID PENSION GENERALLY WITH DISABILITY ABOVE 50% DEPENDING UPON THE OPINION OF THE MEDICAL BOARD SUCH PERSONNEL ARE ONLY BOARDED OUT OF SERVICE. RESTRICTION OF MINIMUM 20% IS NOT APPLICABLE FOR SANCTION OF INVALID PENSION BROAD BANDING FOR THOSE BOARDED OUT PERSONNEL IS w.e.f 01 JAN 1996 AS UNDER DUE TO HON’BLE SUPREME COURT:- 01 – 49% - 50% OF DISBAILITY ELEMENT 50 - 75% - 75% 76 – 100% - 100%

FOR PRE JAN 1996 INVALIDED PERSONNEL, BROAD BANDING IS PERMITTED w.e.f. 01 JUL 2009 BUT LIKELY TO BE MADE w.e.f. 01 JAN 1996 AS IT IS MADE APPLICABLE TO CIVILIAN EMPLOYEES

CATP KJS BUTTAR Vs UNION OF INDIAIN CIVIL APPEAL NO : 5591 OF 2006 IN

HON’BLE SUPREME COURT

HON’BLE MR JUSTICE B. SUDERSHAN REDDY HON’BLE MR JUSTICE SURINDER SINGH NIJJAR HON’BLE MR JUSTICE MARKANDEY KATJU, AUTHOR HON’BLE MRS JUSTICE GYAN SUDHA MISHRA, SIGNED

JUDGMENT ON 31 MAR 2011 SALIENT FEATURES OF JUDGMENT BROAD BANDING OF DISABILITY ELEMENT WILL APPLY TO ALL

CASES IRRESPECTIVE DATE OF INVALIDMENT FROM SERVICE SERVICE ELEMENT OF PENSION TO BE GIVEN IRRESPECTIVE

OF NUMBER OF YEARS OF SERVICE ASSUMING HE WOULD HAVE

SUPER ANNUATED IN THE RANK IN WHICH HE SUFFERED

DISABILITY

WAR INJURY PENSION

WAR INJURY PENSION

GRANTED TO THOSE WHO SUFFER DISABILITY IN WAR OR WAR LIKE OPERATIONS OR AGAINST TERRORISTS, ANTI SOCIAL ELEMENTS, EXTREMISTS OR IN BATTLE INNOCULATION.

IF INVALIDATED OUT OF SERVICE

SERVICE ELEMENT. NO MINIMUM SERVICE IS REQUIRED. ASSUMED TO HAVE SERVED IN THE RANK AT THE TIME OF DISABILITY AND GRANTED SERVICE ELEMENT. i.e. IF A CAPT SUFFERS DISABILITY AND IS BOARDED OUT, THEN HE IS ASSUMED TO HAVE SERVED AS CAPT TILL HE RETIRES AT THE AGE FOR CAPT i.e. 52 YEARS.

WAR INJURY ELEMENT. MINIMUM 20% OF DISABILITY IS REQUIRED FOR GRANT OF WAR INJURY ELEMENT( SIMILAR TO DISABILITY ELEMENT).

WAR INJURY PENSION

FOR 100% DISABILITY, 100% EMOLUMENT (LAST PAY DRAWN) IF INVALIDATED OUT OF SERVICE. IF PERSON IS RETAINED IN SERVICE, FOR 100% DISABILITY, HE ON RETIREMENT CAN DRAW 60% OF LAST PAY DRAWN WITH MINIMUM OF RS 7,020 PM SUBJECT TO THE CEILING THAT SERVICE ELEMENT AND WAR INJURY ELEMENT SHOULD NOT BE MORE THAN LAST PAY DRAWN. (THIS CEILING IS REMOVED w.ef. 01 JUL 2009). FROM 01 JUL 2009, ALL INVALIDED SOLDIERS CAN DRAW SERVICE ELEMENT AND WAR INJURY ELEMENT WHICH MAY BE MORE THAN THE LAST EMOLUMENTS DRAWN.

BUT SUCH PERSONNEL HAVE TO APPLY THROUGH BANKS(PDA) TO PCDA(PENSIONS), ALLAHABAD i.e. PSA

WAR INJURY ELEEMENT

FOR LESSER DISABILITY, WAR INJURY ELEMENT IS PROPORTIONATELY REDUCEDE

PERSONNEL CAN OPT TO CONTINUE IN SERVICE IF MEDICAL BOARD APPROVES. BUT THEY WILL GET WAR INJURY ELEMENT ONLY AFTER RETIREMENT

OR THEY CAN FOREGO WAR INJURY ELEMENT AFTER RETIREMENT AND DRAW LUMP SUM AMOUNT WHILE IN SERVICE

SUMMARY OF DISABILITY ELEMENT FOR 100% DISABILITY EVEN FOR PRE - 2006 RETIREES

NORMAL DISABILITY - 30% OF RECKONBALE EMOLUMENTS FOR 100% DISABILITY

WAR INJURY ELEMENT - 60% OF RECKONABLE AND RETAINED IN SERVICE EMOLUMENTS

WAR INJURY ELEMENT - 100% OF RECKONABLE AND INVALIDED OUT EMOLUMENTS OF SERVICE INCOME TAX EXEMPTED ON SERVICE AND DISABILITY ELEMENTS

SUMMARY OF DISABILITIES

EX-GRATIA. ALL THOSE PERSONNEL BOARDED OUT DUE TO DISABILITY ARE PAID EX-GRATIA OF RS 9 LAKHS FOR 100% DISABILITY. FOR LESSER PERCENTAGES, REDUCTION ON PROPORTIONATE BASIS ONLY, IF IT IS ABOVE 20% AND WITHOUT BROAD BANDING.

LIBERALIZED DISABILITY PENSION. THOSE WHO SUFFER DISABILITY DUE TO ACTS OF TERRORISTS, ANTI SOCIAL ELEMENTS ETC SHALL BE PAID DISABILITY ELEMENT ON DISCHARGE /INVALIDMENT, WITHOUT ANY MINIMUM SERVICE. SERVICE AND DISABILITY ELEMENT SHOULD NOT BE LESS THAN

80% OF RECKONABLE EMOLUMENTS LAST DRAWN.

SUMMARY OF DISABILITIES

PREMATURE RETIREMENT WITH DISABILITY 20% OR MORE

IF DISABILITY IS ATTRIBUTED OR AGGRAVATED BY MILITARY SERVICE AND THE PERSON IS RETAINED IN SERVICE BUT TAKES PREMATURE RETIREMENT IS ELIGIBLE FOR SERVICE AND DISABILITY/WAR INJURY ELEMENT w.e.f 01 JAN 2006

EARLIER ON SOME PRETEXT SUCH PERSONNEL WERE DENIED DISABILITY ELEMENT BY MIN OF DEF WITHOUT GIVING ANY REASON

COMPARISON OF VARIOUS DISABILITY PENSIONS

ATTRIBUTALE TO MILITARY SERVICE

NOT ATTIRBUTABLE NOR AGGRAVATED BY MILITARY SERVICE (NA-NA)

DISABILITY PENSION

MINIMUM 20% DISABILITY IS REQUIRED FOR SANCTION.

BOARDED OUT PERSONNEL ELIGIBLE FOR BROAD BANDING AND NO MAXIMUM CEILING IS APPLICABLE.

NO MINIMUM SERVICE IS REQUIRED FOR SERVICE ELEMENT

DISABILITY PENSION IS NOT SANCTIONED

DISABILITY PENSION SANCTIONED.COULD BE RETAINED IN SERVICE OR COULD BE MEDICALLY BOARDED OUT.




DISABILITY PENSION

LESS THAN 20 YEARS SERVICE IS NO BAR FOR SERVICE ELEMENT. NO PRO RATA REDUCTION FOR FULL PENSION

SOLDIERS WHO ARE BOARDED OUT ARE GENERALLY WITH DISABILITY OF MORE THAN 50%

NOT APPLICABLE

INVALID PENSION.DISABILITY DUE TO MILITARY SERVICE DOES NOT COME UNDER INVALID PENSION

INVALID PENSION IS GIVEN IF SOLDIER HAS MORE THAN 10 YEARS SERVICE. IF HE HAS LESS THAN 10 YEARS SERVICE, ONLY INVALID GRATUITY IS SANCTIONED.




INVALID PENSIONNOT APPLICABLE

INVALID PENSION NO RESTRICTION OF MINIMUM 20% DISABILITY. BROAD BANDING IS GIVEN DUE TO CUTTING SHORT OF HIS CAREER

WAR INJURY PENSION

COULD BE RETAINED IN SERVICE (LT GEN VIJAY OBEROI, MAJ GEN IAN CORDOZO

OR BOARDED OUT MEDICALLY DEPENDING UPON THE DEGREE OF DISABILITY

WAR INJURY PENSION

NOT APPLICABLE




WAR INJURY PENSIONWHETHER RETAINED IN SERVICE OR BOARDED OUT, SERVICE ELEMENT IS SAME I.E. 50% OF LAST RECKONABLE EMOLUMENTS

NO MINIMUM SERVICE IS REQUIRED TO EARN SERVICE ELEMENT

FOR INVALIDED CASES FOR 100% DISABILITY WILL GET 100% LAST RECKONABLE EMOLUMENTS AS WAR INJURY ELEMENT

WAR INJURY PENSION

NOT APPLICABLE




WAR INJURY PENSION

THOSE RETAINED IN SERVICE, WAR INJURY ELEMENT @ 60% RECKONABLE EMOLUMENTS ARE GIVEN FOR 100% DISABILITY SUBJECT TO MINIMUM AMOUNT OF RS 7,020 AT THE TIME OF RETIREMENT (FLG OFFR HM SINGH OF IAF WHO GOT SPINAL CHORD INJURY DURING CADET TRAINING BUT GIVEN COMMISSION IN ACCOUNTS BRANCH).

WAR INJURY PENSION

NOT APPLICABLE




WAR INJURY PENSION

FOR LESSER DISABILITY THAN 100%, PRO RATA REDUCTION IS CARRIED OUT

CONSTANT ATTENDANT ALLOWANCE

FOR 100% DISABLED ARE GIVEN @ RS 3000 PM. IF DA INCREASES BY 50%, THEN 25% RAISE IS GIVEN

WAR INJURY PENSION

NOT APPLICABLE

MONETARY ALLOWANCE FOR GALLANTRY AWARD WINNERS

(IN Rs PER MONTH)

PARAM VIR CHAKRA - 10,000 ASHOK CHAKRA - 6,000 MAHA VIR CHAKRA - 5,000 KIRTIC CHAKRA - 4,500 VIR CHAKRA - 3,500 SHAURAY CHAKRA - 3,000 SENA MEDAL - 1,000

(GALLANTRY)

MISCELLANEOUS ISSUES

PENSIONER NOT AVAILING BENEFIT OF DEFENCE PENSION ADALAT DISCHARGED PERSON WITH DISABLITY NOT FILING APPEALS WITH RECORD OFFICE, IN CASE HE FEELS HIS DISABILITY IS ASSESSED LOW BY RMB (FIRST APPEAL WITH DDG, AGs BR) AND FINAL APPEAL WITH VCOAS. DISABLED PENSIONER NOT PRESENTING HIMSLEF BEFORE REVIEW MEDICAL BOARD IF HIS DISABILITY IS TEMPORARY FOR 3 YEARS, THEREBY LOSING HIS DISABLITY ELEMENT AFTER EXPIRY OF 3 YEARS PENSIONER MARRYING ANOTHER WOMEN BEFORE HIS FIRST WIFE DIES OR DIVORCE IS NOT YET APPROVED BY COURT OF LAW THEREBY DEPRIVING BENEFIT OF PENSION TO SECOND WOMAN & HER CHILDREN. LEGALLY FIRST SURVIVING WIFE WILL GET PENSION EVEN AFTER DIVORCE WHEN PENSIONER DIES

WHO ARE ALL ELIGIBLE

ON DEATH OF SERVING SOLDIER. LEGALLY WEDDED SPOUSE

IRRESPECTIVE OF SERVICE OF SERVING SOLDIER

ON DEATH OF PENSIONER LEGALLY WEDDED SPOUSE DEPENDENT CHILDREN UPTO AGE OF 25 YEARS ON DEATH OF

SPOUSE OF PENSIONER UNMARRIED/DIVORCED/WIDOWED DAUGHTER FOR LIFE

SUBJECT TO INCOME LIMIT ON DEATH OF SPOUSE OF

PENSIONER (RS 3,500 PM + DR) DEPENDENT PARENTS OF BACHELOR SOLDIER OR WIDOWER

WHAT IS FAMILY FOR PENSION?

CATEGORY 1

WIDOW OR WIDOWER FOR LIFE TIME OR

REMARRIAGE IN CASE OF WIDOW WHICHEVER IS

EARLIER

SON OR DAUGHTER(INCLUDING WIDOWED ) UPTO

THE AGE OF 25 OR DATE OF HIS/HER MARRIAGE/RE-

MARRIAGE WHICHEVER IS EARLIER

WHAT IS FAMILY FOR PENSION?

CATEGORY II

UNMARRIED /WIDOWED/DIVORCED DAUGHTER,NOT COVERED BY CATEGORY – I ABOVE UPTO DATE OF MARRIAGE/RE-MARRIAGE OR TILL THE DATE SHE STARTS EARNING OR UP TO THE DATE OF DEATH WHICHEVER IS EARLIER

PARENTS WHO WERE WHOLLY DEPENDENT ON THE ARMED FORCES PERSON WHEN HE WAS ALIVE PROVIDED THE DECEASED HAS NOT LEFT BEHIND A WIDOW OR A CHILD (MOSTLY IN CASE OF BACHELORS OR WIDOWER WITHOUT CHILDREN)

SALIENT FEATURES OF FAMILY PENSION

FAMILY PENSION TO DEPENDENT PARENTS IN CERTAIN CASES, WIDOWED /UNMARRIED/DIVORCED DAUGHTER – TILL DEATH (SUBJECT TO INCOME LIMIT OF Rs 3,500 + DR PER MONTH)

WIDOWED/UNMARRIED/DIVORCED DAUGHTER OF CATEGORY II WILL GET FAMILY PENSION ONLY AFTER ELIGIBLE FAMILY MEMBERS IN CATEGORY – I HAVE CEASED TO BE ELIGIBLE TO RECEIVE FAMILY PENSION. THERE SHOULD BE NO DISABLED CHILD OF THE PENSIONER.

YOUNGER CHILD WILL GET ONLY AFTER ELDER CHILDREN CEASED TO BECOME ELIGIBEL i.e. > 25 YEARS

SALIENT FEATURES OF FAMILY PENSION

SEPARATED WIFE NOT YET LEGALLY DIVORCED IS ELIGIBLE TO GET FAMILY PENSION

TYPES OF FAMILY PENSIONS

ORDINARY FAMILY PENSION (OFP)

ENHANCED OFP (EOFP)

SPECIAL FAMILY PENSION(SFP)

LIBERALISED FAMILY PENSION(LFP)

ORDINARY FAMILY PENSION

(OFP)

ORDINARY FAMILY PENSION (OFP): NOT TO BE SHARED WITH IN-LAWS

DEATH OF SERVING SOLDIER

DEATH OCCURS NOT DUE TO MILITARY SERVICE OR AGGRAVATED BY MILITARY SERVICE (NA-NA), THEN WIDOW IS SANCTIONED ORDINARY FAMILY PENSION

i.e. 30% OF LAST EMOLUMENTS OF SOLDIEREXAM: DEATH OF SOLDIER AT HOME DUE TO ACCIDENT WHILE ON LEAVE DEATH OF PENSIONER TO WIDOW OR ON DEATH OF WIDOW TO WIDOWED /UNMARRIED/DIVORCED DAUGHTER TILL MARRIAGE OR REMARRIAGE OR FOR LIFE TIME /HANDICAPPED CHILD FOR LIFE TIME /UNEMPLOYED SON TILL AGE OF 25 YEARS OR HIS MARRIAGE WHICHEVER IS EARLIER OFP WILL STOP AFTER RE-MARRIAGE OF WIDOW. BUT WIDOW WITHOUT CHILD CAN REMARRY

ENHANCED ORDINARY FAMILY PENSION

(EOFP)

ENHANCED ORDINARY FAMILY PENSION

OFP GRANTED TO WIDOW IN CASE OF DEATH OF SERVING SOLDIER OR EARLY DEATH OF PENSIONER FOR LONGER DURATION. THIS IS TO REDUCE FINANCIAL DISTRESS TO WIDOW FOR SOME MORE TIME. SANCTIONED FOR 10 YEARS TO WIDOW ON DEATH OF SERVING SOLDIER (7 YEARS QUALIFYING SERVICE IS REQUIRED) SANCTIONED TO WIDOW OF PENSIONER TILL HE REACHES AGE OF 67 YEARS OR 7 YEARS AFTER DEATH WHICH EVER IS EARLIERE AFTER THIS WIDOW’S OFP IS REDUCED FROM 50% OF RECKONABLE EMOLUMENTS TO 30%


SANCTIONED TO WIDOW IN CASE DEATH OF SERVING SOLDIER IS ATTRIBUTED TO MILITARY SERVICE OR AGGRAVATED BY MILITARY SERVICE @ 120% OF PENSION w.e.f. 24 SEP 2012

EXAM: DEATH OF SOLDIER ON TRAINING OR MOTOR VEHICLE ACCIDENT ON MILITARY DUTY OR DURING ORGANISED GAMES ETC IN CASE THE SOLDIER WHO WAS INVALIDED FROM SERVICE DIES WIHTHIN 7 YEARS OF HIS RETIREMENT AND IN OPINION OF THE MEDICAL BOARD, THE DEATH HAS BEEN CAUSED DUE TO ILLNESS WHICH CAUSED HIS INVALIDMENT, THEN WIDOW IS ALSO SANCTIONED SFP THIS IS TO BE SHARED BY ENTIRE FAMILY, IN CASE PARENTS OF SOLDIER IS WHOLLY DEPENDENT UPON HIM(< Rs 3,500 PM). IF WIDOW DOES NOT SUPPORT CHILDREN BORNE FROM THE SOLDIER, THEN SFP WILL BE DIVIDED BETWEEN WIDOW AND CHILDREN ON 50:50 BASIS.


REMARRIAGE IS NOT PROHIBITED SFP = 120% OF RECKONABLE EMOLUMENTS OF DECEASED MINIMUM SFP FOR WIDOWS OFFICERS( IN Rs)

RANK OFFRS LESS MEDICOS MNS

MEDICOS

LT 18,558 18,558 18,558

CAPT 19,734 19,734 19,734

MAJ 21,846 22,596 18,684

LT COL 31,558 32,406 20,766

COL 33,354 34,356 29,520

BRIG 34,974 36,096 30,000

MAJ GEN 36,420 37,500 32,454

LT GEN 43,800 45,114 NA

ARMY CDR 48,000 48,000(DGAFMS)

COAS 54,000

NOTE: 1. DEARNESS RELIEF ON TH E ABOVE AMOUNT TO BE PAID EXTRA.

2. IF WIDOW REACHES AGE OF 80 YEARS, 20% IS TO BE PAID MORE

& DR ON THAT ALSO TO BE PAID

FIRST LIFE AWARD OF PENSION: SFP FOR PBOR

APPLICABLE TO PERSONNEL BELOW OFFICER RANK (PBOR) ARISES ONLY WHEN WIDOW OF DECEASED SOLDIER REMARRIES IF WIDOW SUPPORTS – ENTIRE PENSION

CHILDREN OR

HAS NO CHILDREN IF SHE DOES NOT SUPPORT - ORDINARY FAMILY PENSON

TO WIDOW & 50% OF SFP TO

CHILDREN IF PARENTS ARE ALSO WHOLLY DEPENDENT ON THE DECEASED SOLDIER, THEN FIVE SITUATIONS MAY ARISE SITUATION 1 - WIDOW SUPPORTS CHILDREN WIDOW & CHILDREN - 50% OF SFP TO WIDOW PARENTS - 50% TO PARENTS


SITUATION 2 - WIDOW DOES NOT SUPPORT CHILDREN

PARENTS & CHILDREN - FULL SFP TO PARENTS WIDOW - OFP TO WIDOW

BUT PARENTS SUPPORT CHILDREN

SITUATION 3 - NEITHER WIDOW NOR PARENTS SUPPORT CHILDREN CHILDREN - 50% OF SFP WIDOW - OFP TO WIDOW


SITUATION 4 - PARENTS DIE & WIDOW SUPPORTS

CHILDREN WIDOW - FULL SFP TO WIDOW

SITUATION 5 - PARENS DIE & WIDOW DOES NOT

SUPPORT CHILDREN WIDOW - OFP CHILDREN - FULL SFP TO CHILDREN

SECOND LIFE AWARD OF PENSION: SFP FOR PBOR

GRANTED ONLY WHEN FIRST LIFE AWARD TO AN ELIGIBLE MEMBER EXPIRES OR MEMBER DIES

IF FATHER OF DECEASED SOLDIER EXPIRES, THEN SECOND LIFE AWARD CAN BE SANCTIONED TO MOTHER WHO IS IN INDIGENT CONDITION AND WAS WHOLLY DEPENDENT ON THE DECEASED SOLDIER

SECOND LIFE AWARD CAN BE SANCTIONED TO ONLY ONE MEMBER AND ON EXPIRY OF THAT PERSON, THE SECOND AWARD CEASES

IN CASE OF DEATH OF BOTH THE PARENTS OF THE DECEASED SOLDIER, THEN SECOND LIFE AWARD CAN BE GIVEN TO THE ELDEST BROTHER OR SISTER. ON EXPIRY OF THIS BROTHER OR SISTER, THE AWARD CEASES.

LIEBERALISED FAMILY PENSION(LFP)


LFP IS GRATED TO WIDOW OR LEGAL HEIR OF SOLDIER WHO

DIES ON MILITARY DUTY IN THE FOLLOWING

CIRCUMSTANCES:- IN FACE OF ENEMY ACTION ENGAGEMENT WITH TERRORISTS WEATHER EXTREMITIES DURING OPERATIONAL

DEPLOYMENT (SIACHEN OR HIGH ALTITUDE AREAS) DEATH IN OPERATION DEPLOYMENT DUE TO SNAKE BITE OR

POISONOUS WATER BY ENEMY BATTLE INNOCULATION TRAINING EXERCISES FATRICIDE IN COMBAT DUTIES MAINTENANCE OF LAW & ORDER (IS DUTIES)

LIBERALISED FAMILY PENSION(SFP)

REMARRIAGE IS NOT A BAR. LFP = 200% OF PENSION OF DECEASED. MINIMUM LFP FOR OFFICERS( IN Rs)

RANK OFFRS LESS MEDICOS MNS

MEDICOS

LT 30,930 30,930 30,930

CAPT 32,290 32,290 32,290

MAJ 36,410 22,596 31,140

LT COL 52,530 54,010 49,200

COL 55,590 57,260 49,200

BRIG 58,290 60,160 50,000

MAJ GEN 60,700 62,500 54,090

LT GEN 73,000 75,190 NA

ARMY CDR 80,000 80,000(DGAFMS)

COAS 90,000

NOTE: 1. DEARNESS RELIEF (DR) TO BE PAID EXTRA ON THIS AMOUNT.

2. IF WIDOW REACHES AGE OF 80 YEARS, SHE IS ELIGIBLE FOR EXTRA

20% OF ABOVE AMOUNT + DR ON THAT AGAIN


LFP IS DEPENDENT ENTIRELY ON CIRCUMSTANCES OF DEATH OF SOLDIER AS FOUND OUT IN THE PROCEEDINGS OF COURT OF INQUIRY (COI) AND SUBSEQUENT MEDICAL OPINION

LFP IS 200% OF REVISED PENSION

(SFP = 120%; EOFP = 30%, OFP = 30%)

TO BE SHARED BETWEEN WIDOW AND WHOLLY DEPENDENT

PARENTS

IF WIDOW DOES NOT SUPPORT CHILDREN BORNE THROUGH THE SOLDIER, THEN LFP IS DIVIDED BETWEEN WIDOW (30%) AND CHILDREN(70%)

REMARRIAGE IS NOT A BAR


EX-GRATIA TO WIDOW OF SOLDIER WHO DIES IN MILITARY DUTY:-

NATURE OF DUTY AMOUNT IN Rs

IN WAR OR WAR LIKE OPERATIONS 20 LAKHS

NOTIFIED BY MIN OF DEF

IN SPECIFIED HIGH ALTITUDE AREAS, 15 LAKHS

INACCESSIBLE BORDER POSTS, NATURAL

DISASTERS, EXTREME WEATHER CONDITIONS

OPERATIONS AGAINST MILITANTS, EXTREMISTS

IN PERFORMANCE OF MILITARY DUTIES, 10 LAKHS

IN ACTS OF VIOLENCE BY TERRORISTS,

ANTI SOCIAL ELEMENTS

FIRST LIFE AWARD OF PENSION: LFP FOR PBOR

APPLICABLE TO PERSONNEL BELOW OFFICER RANK (PBOR) ARISES ONLY WHEN WIDOW OF DECEASED SOLDIER REMARRIES IF WIDOW SUPPORTS HER CHILDREN – ENTIRE LFP TO WIDOW

IF SHE DOES NOT SUPPORT CHILDREN - SFP WIDOW - OFP

IF PARENTS ARE ALSO WHOLLY DEPENDENT ON THE DECEASED SOLDIER, THEN DISTRIBUTION OF LFP DEPENDS UPON THE DATE OF REMARRIAGE OF WIDOW AS UNDER:-

SPECIAL PENSION

SANCTIONED TO PBOR AS A SPECIAL CASE

IN CASE THEY ARE DISCHARGED DUE TO DISBANDMENT OF UNITS

BEING SURPLUS ON REDUCTION OF STRENGTH OF ESTABLISHMENT

AMOUNT OF PENSION 15 YEARS OR MORE - NORMAL SERVICE PENSION 10 YEARS TO LESS THAN - INCLUDE WEIGHTAGE FOR

RANK AND THEN REDUCE

PROPORTIONATELY IF IT IS LESS THAN 33 YEARS


SITUATION 1 - WIDOW REMARRIES WITHIN 7 YEARS OF

DEATH OF HUSBAND & SUPPORTS CHILDREN

OR HAS NO CHILDREN

WIDOW - 60% OF LFP PARENTS - 60% OF LFP FOR BALANCE 7 YEARS PARENTS - 30% THERE AFTER

SITUATION 2 - WIDOW REMARRIES AFTER 7 YEARS OF

DEATH OF HUSBAND & SUPPORTS CHILDREN

WIDOW - 60% OF LFP PARENTS - 30% OF LFP


SITUATION 3 - WIDOW REMARRIES WITHIN 7 YEARS OF

DEATH OF HUSBAND & DOES NOT SUPPORT

CHILDREN

WIDOW - OFP(30% OF EMOLUMENTS) PARENTS - FULL LFP FOR BALANCE 7 YEARS PARENTS - 60% LFP THERE AFTER

SITUATION 4 - WIDOW REMARRIES AFTER 7 YEARS OF

DEATH OF HUSBAND & DOES NOT SUPPORT

CHILDREN WIDOW - OFP (30% OF EMOLUMENTS) PARENTS - 60% OF LFP (HAVE TO SUPPORT

CHILDREN OTHERWISE THIS SHALL BE EQUALLY DIVIDED)

SECOND LIFE AWARD : LFP

GIVEN WHEN ONLY THE RECIPIENTS OF FIRST LIFE AWARD EXPIRE OR CEASE TO BE ELIGIBLE

SITUATION 1. WIDOW DIES WITHIN 7 YEARS OF DEATH OF HUSBAND PARENTS - LPF FOR BALANCE OF 7 YEARS 60% OF LFP FOR THE REST OF LIFE BUT THEY HAVE TO SUPPORT CHILDREN

SITUATION 2. WIDOW RE-MARRIES & SUPPORTS CHILDREN WIDOW - 60% OF LFP PARENTS - 60% OF LFP FOR BALANCE OF 7 YEARS - 30% OF LFP THERE AFTER

SECOND LIFE AWARD : LFP

SITUATION 3. WIDOW REMARRIES AFTER 7 YEARS OF DEATH OF HUSBAND & SUPPORTS CHILDREN WIDOW - 60% OF LPF PARENTS - 30% OF LFP

SITUATION 4. WIDOW RE-MARRIES WITHIN 7 YEARS OF DEATH OF HUSBAND & DOES NOT SUPPORT CHILDREN WIDOW - 30% OF LFP PARENTS - FULL LFP FOR BALANCE OF 7 YEARS - 60% OF LFP THERE AFTER NOTE-1: - THE PARENTS HAVE TO SUPPORT CHILDREN,OTEHRWISE IT SHALL BE DISTRIBUTED 50:50 BASIS. NOTE -2: - IF PARENTS DIE, THEN ELDEST CHILD GETS 60% OF LFP TILL HE REACHES AGE OF 25 AND THERE AFTER IT SHALL BE PASSED ON TO THE NEXT CHILD.

DUAL FAMILY PENSION

EX SERVICEMAN ON RETIREMENT WITH SERVICE OR ANY OTHE TYPE OF PENSION, IF RE-EMPLOYED IN ANY OTHER CENTRAL / STATE GOVERNMENT DEPARTMENT OR PUBLIC SECTOR UNDERTAKINGS / AUTONOMOUS BODIES / LOCAL FUNDS OF CENTRAL / STATE GOVERNMENTS AND EARN PENSION FROM THERE ALSO IS ELIGIBLE FOR DUAL PENSION i.e FROM MILITARY AND CIVIL SIDE

ON DEATH OF SUCH PENSIONER, WIDOW HAS TO DECIDE TO OPT FOR ONE OF THE TWO PENSIONS

W.E.F. 24 SEP 2012, SUCH WIDOWS ARE ELIGIBLE TO DRAW DUAL PENSIONS

WHERE TO GO FOR RECTIFICATION OF PENSION DISCREPANCY ?

PENSION DISBURSING AGENCY (BANKS, DPDO, TREASURY)

CENTRAL PENSION PROCESSING CENTRES OF BANKS

DEFENCE PENSION ADALAT WHEN HELD ANY WHERE IN INDIA

ARMED FORCES TRIBUNAL (AFT) - CHENNAI

HON’BLE HIGH COURT

HON’BLE SUPREME COURT

MISCELLANEOUS

EXEMPTION FROM INCOME TAX

DEATH CUM RETIREMENT GRATUITY LEAVE ENCASHMENT COMMUTATION AMOUNT DISABILITY PENSION WAR INJURY PENSION PENSION OF GALLANTRY AWARDEES

THANK YOU ALL

pensions for defence services personnel: brig cs vidyasagar (retd)

Government & Nonprofit